FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 10, 2023 No. 298-FZ

About introduction of amendments to the Federal law "About the Activities for Acceptance of Payments of Physical Persons Performed by Payment Agents" and separate legal acts of the Russian Federation"

Accepted by the State Duma on June 21, 2023

Approved by the Federation Council on July 5, 2023

Article 1

Bring in the Federal Law of June 3, 2009 No. 103-FZ "About the activities for acceptance of payments of physical persons performed by payment agents" (The Russian Federation Code, 2009, No. 23, Art. 2758; 2010, No. 19, Art. 2291; 2011, No. 27, Art. 3873; 2014, No. 19, Art. 2315; 2016, No. 27, Art. 4223; 2018, No. 17, Art. 2429; 2019, No. 52, Art. 7831) following changes:

Part 3 of Article 1 to state 1) in the following edition:

"3. Regulations of the Federal Law of June 27, 2011 "About national payment system" are applied No. 161-FZ to the relations regulated by this Federal Law only regarding implementation by the Bank of Russia of supervision and observation in national payment system.";

2) in Article 2:

a) Item 3 after the words "legal entity" to add with the words "created in accordance with the legislation of the Russian Federation";

b) state item 4 in the following edition:

"4) the operator on acceptance of payments - the payment agent - the legal entity, data on whom are entered by the Bank of Russia in the register of operators on acceptance of payments and which according to requirements of this Federal Law signs agreements on implementation of activities for acceptance of payments of physical persons with suppliers;";

To add 3) with Articles 3.1 - 3.6 following of content:

"Article 3.1. Maintaining the register of operators on acceptance of payments

1. The Bank of Russia performs maintaining the register of operators on acceptance of payments in the procedure established by it.

2. Entering of information about the legal entity into the register of operators on acceptance of payments, refusal in entering of information about the legal entity into the specified register and exception of information about the legal entity of the specified register are performed by the Bank of Russia according to this Federal Law.

3. The Bank of Russia has the right to request and receive on a grant basis at federal executive bodies, their territorial authorities, legal entities documents and information on the operator on acceptance of payments, necessary for maintaining the register of operators by the Bank of Russia on acceptance of payments.

4. The Bank of Russia establishes the list of the data containing in the register of operators on acceptance of payments, including the data which are subject to placement on the official site of the Bank of Russia on the Internet, and also terms of placement of the specified data.

Article 3.2. Requirements to governing bodies of the operator on acceptance of payments

1. Person performing functions of sole executive body of the operator on acceptance of payments, the special official responsible for implementation of rules of internal control of the operator for acceptance of payments for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction (further - the special official of the operator on acceptance of payments), the member of collegiate executive body, the board member (supervisory board) of the operator on acceptance of payments (in the presence) in case of appointment (election) to position and during the entire period of implementation of functions on the specified position (appropriate authority), including temporary execution of job responsibilities, shall conform to requirements to goodwill. As discrepancy of person to requirements to goodwill it is understood:

1) availability at person of not removed or unspent conviction for making of intentional crime (the specified requirement does not extend to person performing functions of the special official of the operator on acceptance of payments);

2) availability at person performing functions of the special official of the operator on acceptance of payments who is not removed or unspent conviction for crimes in the field of economy or crime against the government;

3) appointment fact availability to person of administrative punishment in the form of disqualification which term did not expire;

4) implementation by person of functions (irrespective of the term during which functions) sole executive body were performed, his deputy, the member of collegiate executive body, the chief accountant, the board member (supervisory board) of credit institution, not credit financial credit institution (further in case of joint mentioning - the financial organization), person rendering professional services in the financial market, the operator of payment system, the operator on acceptance of payments, the special official of the operator on acceptance of payments, the special official responsible for implementation of rules of internal control in the financial organization for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, or the head of self-regulatory organization in the field of the financial market within twelve months the requirements of the legislation of the Russian Federation, regulations of the Bank of Russia preceding day of response (cancellation) for violation at the financial organization of the license for implementation of the transactions corresponding to type of activity of the financial organization, or day of exception of the financial organization, person rendering professional services in the financial market, the operator of payment system, the operator on acceptance of payments, self-regulatory organization in the field of the financial market from the corresponding register for violation of the law of the Russian Federation, regulations of the Bank of Russia if for the day preceding day of appointment (election) of person to position or to day of submission to the Bank of Russia of documents for entering of information about the legal entity into the register of operators on acceptance of payments five-year term from the date of withdrawal (cancellation) of the license for implementation of the transactions corresponding to type of activity of the financial organization did not expire or from the date of exception of such organization of the corresponding register (except for case if person produced in the Bank of Russia the evidence of non-participation in decision making or making of actions (failure to act) which led to withdrawal (cancellation) of the license for implementation of the transactions corresponding to type of activity of the financial organization or to exception of the financial organization, person rendering professional services in the financial market, the operator of payment system, the operator on acceptance of payments, self-regulatory organization in the field of the financial market from the corresponding register);

5) involvement of the person two and more time within three years preceding day of its appointment (election) to position or to day of submission to the Bank of Russia of documents for entering of information about the legal entity into the register of operators on acceptance of payments according to the court resolution which took legal effect to the administrative responsibility for wrongful acts in case of bankruptcy of the legal entity, deliberate and (or) dummy bankruptcy of the legal entity, except for case if such administrative offense entailed administrative punishment in the form of the prevention;

6) availability of information about person in No. 115-FZ provided by the Federal Law of August 7, 2001 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" the list of the organizations and physical persons concerning which there are data on their participation in extremist activities or terrorism, or in the powers constituted within realization provided by Chapter VII of the Charter of the UN, the UN Security Council or bodies which are specially created by decisions of the UN Security Council, lists of the organizations and physical persons connected with the terrorist organizations and terrorists or with distribution of weapons of mass destruction;

7) availability the accepted interdepartmental coordinating body performing functions on counteraction to financing of terrorism, the decision on freezing (blocking) of money or other property of person according to article 7.4 of the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing";

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